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Employer's Ability to Pay for EB1 Multinational Executive or Manager Petition

Hi William:

For my EB1 Multinational Executive or Manager Green Card application (EB-1C), we received an Request For Evidence (RFE) notice from USCIS for more evidence of "the employer's ability to pay. " What documents can be supplementary evidence for the RFE response?


For EB1 Multinational Executive or Manager Green Card application (EB-1C), if the required initial evidence does not establish ability to pay, the USCIS adjudicator may send a Request For Evidence (RFE) notice to the petitioner for more evidence, or even deny the EB-1C petition since the petitioner has not met the burden to establish eligibility for the requested benefit. 

Normally, net income and net current assets do not always accurately reflect the financial health of an organization or the employer. Therefore, according to these calculations, it may appear that the petitioner has not demonstrated an ability to pay. Thus, the use of additional financial information and different evidence may be able to demonstrate the employer's ability to pay.

USCIS adjudicator can consider additional financial information, such as profit/loss statements, bank account records, or personnel records, but he or she may choose not to accept such information or different calculations. But it is wise to provide all financial information that may show ability to pay and to clearly explain how additional evidence other than net income and net current assets demonstrate the ability to pay.

The petitioner can have its financial officers and accountants perform such calculations in order to show that the company is able to pay the beneficiary.  Statements from the petitioner’s financial officers clearly explaining the analysis and how it proves ability to pay should then be included with the
EB1 Multinational Executive or Manager Green Card application.

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